DOH: TB meds logistics still a problem
By Gerard Naval
HEALTH Secretary Teodoro Herbosa yesterday said the accessibility and availability of medicines for tuberculosis (TB) continues to be problematic despite it being one of the priority programs of the Marcos administration.
Speaking during the Stop TB Partnership press conference in Pasay City, Herbosa said TB drugs continue to face problems in terms of being accessible and available to patients even in TB DOTS clinics nationwide.
“If you are a TB patient and you go to a TB center, they tell you to come back because the medicines are not yet available. Actually, it’s a problem of logistics… we are doing something wrong,” said Herbosa.
“We buy enough TB medicines to be sent to our hubs in our regional offices. But to be able to deliver them to the TB centers in the different regions is where the delay and the obstacles are,” he added.
The health chief lamented how soft drinks, cigarettes, and liquor are more accessible in rural areas than TB medicines.
“The soft drinks companies and cigarette/beer companies are doing something right. In the farthest islands of the Philippines, these are available,” said Herbosa.
Because of this, he said they are looking at meeting online sellers and logistics experts to be informed on ways to improve the logistical operations of the DOH.
“We need to copy our colleagues in the online selling industry as they are able to do much, much better,” he said.
Herbosa said they also intend to coordinate with the pharmaceutical industry to discuss the possibility of manufacturing local TB drugs.
“The beauty of that is that they will provide us access since others have difficulty in the global supply chain,” Herbosa said.
Last year, DOH data showed that there were 549 new and relapse TB cases per 100,000 population.
The number is higher than the 2022 TB cases, which stood at 439 cases per 100,000 population.
Worker blackmailing ex-girlfriend arrested in Cavite
BY VICTOR REYES
A MAINTENANCE worker was arrested by the police after he tried to force his former girlfriend to have sex with him in Cavite last Wednesday night.
The suspect, identified as Patrick Contreras Bocalbos, 23, threatened to further spread her nude videos and pictures online if she would not agree to his demand, the PNP Anti-Cybercrime Group (ACG) said.
Bocalbos was nabbed by ACG operatives in an entrapment operation in Barangay Salitran 2 in Dasmariñas City, Cavite.
Before the operation, the victim sought the assistance of the ACG against Bocalbos, who had uploaded her nude videos and pictures online.
The videos and pictures were taken by the suspect while they were still in a relationship, police said.
After the victim ended their relationship, the suspect created a Facebook account under the name of the victim’s son and used it to spread the victim’s nude videos and pictures.
“He repeatedly threatened the victim that he would continue to spread her nude videos/photos if she did not comply with his demand to meet and have sex with him,” the ACG said in a report.
ACG operatives promptly hatched the entrapment, leading to the suspect’s arrest.
Bacolbos will face charges for grave coercion, and violation of the Anti-Photo and Video Voyeurism Act of 2009, the Safe Spaces Act, and the Anti-Violence Against Women and Their Children Act of 2004.
Former CA justice named to PCGG
BY JOCELYN MONTEMAYOR
PRESIDENT Marcos Jr. has appointed a former Court of Appeals justice and a retired police major general as commissioner of the Presidential Commission on Good Government (PCGG) and assistant secretary of the Department of Justice (DOJ), the Presidential Communications Office (PCO) announced yesterday.
In a Facebook post, the PCO said former CA associate justice Elihu Ybañez was named commissioner of the PCGG while Eliseo Cruz, who formerly served as head of the PNP Directorate for Investigation and Detective Management, was designated as assistant DOJ secretary.
The Official Gazette said Ybañez and Cruz were appointed last March 11 and will serve a term co-terminus with the appointing authority or the President.
Ybañez replaced Raymond Anthony Dilag.
The President also appointed last March 11 Benjamin Albarece, former senior adviser to the agriculture secretary, as assistant secretary of the Department of Agriculture and newspaper columnist Mario Fetalino Jr. as assistant secretary of PCO.
Also appointed last March 11 were new Movie and Television Review and Classification Board members Josefina Annabel C. Bañaga and Wilma V. Galvante vice Paolo Santos and Marco Antonio Ho, respectively, for a term expiring on September 30, 2024.
PCO also announced the appointments of Ma. Carissa Coscolluela as acting member of the board of trustees of the Cultural Center of the Philippines, vice Michelle Nikki M. Junia; Manjit Tobias Reandi as member of the board of the John Hay Management Corporation who would serve the unexpired term of Charito Dulay ending on June 30, 2024; and Rosalio Aragon Jr. as member of the National Wages and Productivity Commission, vice German Pascua Jr. and for a term of five years.
Others appointed were Sheila Imperial as Director III, and Raul Leonin and Vincent Ramo as Director II, all of the Department of Agrarian Reform; Ana Liza Duran, Director IV, Department of Health; Aiza Riz S. Perez-Mendoza, Director III, Department of Social Welfare and Development; Adolf Ryan S. Lantion and Princess May Oral, both Director IV, National Commission on Indigenous Peoples; Marco Maat, Director IV, and Luz Galda, Provincial Trade and Industry Officer, both of Department of Trade and Industry.
Also appointed as Director IV of the Commission on Higher Education were Jimmy Catanes, Mary Sylvette Gunigundo, Lora Yusi, and Marco Cicero Domingo; while Rody Garcia was appointed Director of CHED.
PCO also announced the promotion to Rear Admiral, from Commodore, of Allen Dalangin, Inocencio Rosario Jr. and Edgar Ybañez of the Philippine Coast Guard.
3 extortionists nabbed in Pasay City
BY VICTOR REYES
OPERATIVES of the PNP Criminal Investigation and Detection Group (CIDG) arrested in Pasay City three suspected extortionists, one of them even claiming to have connections with First Lady Marie Louise “Liza” Araneta Marcos.
The CIDG named the suspects only by their aliases as Isko, 48; Joselito, 46; and German, 42, who are facing a case of robbery extortion.
They were nabbed in an entrapment operation at around 8 p.m. last Monday in Bluebay Walk, Metropolitan Park Building, Diosdado Macapagal Ave. in Pasay City.
Their arrest was announced by the CIDG only last Wednesday night.
Seized from them were the money used in the entrapment, a cal. 45 pistol, three magazines, 32 rounds of ammunition, and documents for the firearm.
CIDG director Maj. Gen. Romeo Caramat Jr said CIDG operatives conducted the operation after receiving a complaint from a victim of Isko.
The complainant alleged that Isko promised to “protect” his emission testing and medical business at the Land Transportation Office in exchange for P5 million.
Caramat said Isko claimed he has a direct connection with the First Lady.
Caramat said Isko threatened to have the business of the victim shut down if the latter would not deliver the money.
“The CIDG calls on the public to be alert and critical about the identity of the person you are transacting with,” the CIDG director said.
“I have instructed my operatives to step up its efforts in the arrest of these criminals within the bounds of the law,” Caramat added.
COVID cases down to 36 cases daily
BY GERARD NAVAL
FOUR years since the community quarantine was first imposed in the Philippines due to the pandemic, the Department of Health (DOH) yesterday reported that coronavirus disease (COVID-19) cases in the country only averages 36 per day.
In a statement, the DOH noted how the country has seen massive improvement as compared to during the peak of the COVID-19 pandemic in the Philippines, which saw an average of 34,903 new cases per day as of January 2022.
“Moving forward, we have learned our lessons and we now know better,” said Health Secretary Teodoro Herbosa.
The health department also noted that out of the 1,185 dedicated COVID-19 ICU beds available, only 10 percent are occupied.
Similarly, the DOH said only 11 percent of the 10,097 dedicated COVID-19 non-ICU beds are currently in use.
For comparison, the health care utilization was at its highest occupancy of total COVID-19 beds at 71 percent back in September 2021.
Similarly, during the same period, occupancy rate of ICU beds was at 74 percent.
It was back in March 15, 2020 when the Philippine government imposed a Metro Manila-wide community quarantine, with the public restricted to their respective homes.
The community lockdown was imposed to minimize the threat of COVID-19 by reducing physical interactions within schools, offices, and other public places.
President Marcos Jr. has since lifted the State of Public Health Emergency throughout the Philippines due to COVID-19 in July 2023.
P20.4M shabu seized in QC, Cebu City
BY VICTOR REYES
AUTHORITIES seized shabu worth 20.4 million in two buy-bust operations in Quezon City last Wednesday night and in Cebu City last Tuesday night.
Operatives of the Philippine Drug Enforcement Agency (PDEA) arrested a town councilor in Lanao del Sur and his cohort last Wednesday night after selling a kilo of shabu worth P6.8 million to a poser-buyer.
In Cebu City, two suspected drug dealers were arrested during another buy-bust operation in Purok 8, Barangay Kamputhaw.
Seized from the suspects, identified as Ryan Sususco Balansag, alias Insek, 32; and Marlon Jabonero Lopez, 42, were two kilos of shabu worth 13.6 million.
Nabbed in Quezon City were Maguing town councilor Norhan Haron Ampuan, 31; and Jalanie Haron Mama, 30, who were described by the PDEA as “high-value targets” in the continuing war against illegal drugs.
They were nabbed in a buy-bust operation at 8:45 p.m. along Doña A. Roces Avenue, Barangay Paligsahan, in Quezon City.
Seized from the duo were the one kilo of shabu they sold to a poser buyer and the buy-bust money.
Also seized from them were a Toyota Avanza, bank documents showing the deposit of P1.3 million, three identification cards, a wallet containing various cards, and two cell phones.
The suspects will face a case for violation of Section 5 (Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals) of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.
Police said the two suspects nabbed in Cebu City are “big-time drug personalities” who can distribute three to five kilos of shabu every week in the city.
Police operations are underway to track down the person from whom the suspects are getting their shabu, police said.
Police also seized P68,000 worth of suspected dangerous drugs and arrested two jobless men in a buy-bust operation in Pasig City last Wednesday.
Col. Celerino Sacro Jr., local police chief, identified the suspects as alias Gerald, 26; and Alex, 35, residents of Barangay Pineda, Pasig City.
Seized from them were four sachets containing more or less 10 grams of suspected shabu. — With Christian Oineza
Bill seeking to prevent spread of gambling online filed
BY Ashzel Hachero
SEN. Robinhood Padilla has filed a bill seeking to penalize the publication and promotion of gambling-related content online and on social media.
Padilla, who chairs the Senate Committee on Public Information and Mass Media, said his proposed legislation aims to prevent the spread of gambling, especially among the youth, adding that it has been linked to addiction, criminal activities, and even social issues “that destroy the moral fiber of our nation.”
“Considering the evolving landscape of social media platforms, this representation has been apprised of the availability of online user-generated content relating to gambling that demonstrates, promotes and provides instructions on betting or staking to the general public,” Padilla said in Senate Bill 2602.
“In this regard, this representation proposes the prohibition of online publication of materials that instruct or demonstrate gambling, commentaries and advertisements that promote awareness of gambling activities,” he added.
Under the bill, the Department of Justice shall issue a disabling order to restrict or block access to online content promoting gambling, with the Department of Information and Communications Technology and National Telecommunications Commission (NTC) monitoring compliance.
Internet service providers must comply with the disabling orders within 48 hours of the issuance of the orders.
Those found publishing or promoting gambling materials online will be penalized with a jail term for up to one year; or a fine of up to P500,000.
“If the offender linked the prohibited content to an online gambling site or received commissions from publishing the content, he or she faces up to three years in jail and a P500,000 fine,” Padilla said in his bill.
Imelda released from hospital
FORMER First Lady Imelda Marcos was discharged from the hospital on Wednesday after being confined for pneumonia, her daughter Sen. Imee Marcos said yesterday.
“She’s already out. She is fine. Some oral medications na lang (only) and was told to rest at home,” she said.
She added that her mother is in “good spirits and fever-free.”
Mrs Marcos, 94, was taken to the hospital last week due to suspended pneumonia.
She underwent angioplasty at the St. Luke’s Medical Center Bonifacio Global City in May last year.
President Marcos Jr., who will be back on Saturday from a state visit to the Czech Republic, said he looks forward to seeing his mother back on her feet again.
In a media interview before leaving Germany, he said his mother continues to get better. — Ashzel Hachero and Jocelyn Montemayor
CA rejects NOW Telecom plea vs NTC
BY ASHZEL HACHERO
NOW Telecom Company Incorporated has been dealt another legal blow after the Court of Appeals (CA) upheld with finality its decision last year denying the company’s plea to compel the National Telecommunications Commission and the NTC’s former commissioner, now Commission on Audit chairperson Gamaliel Cordoba, to comply with the orders issued by the Anti-Red Tape Authority (ARTA) allowing it to operate a cellular mobile telephone service in the country within specific frequency ranges.
In a four-page resolution promulgated on February 29, 2024, the appellate court’s Special Ninth Division denied the motion for reconsideration filed by NOW Telecom seeking the reversal of its September 21, 2023 decision which denied its petition for mandamus against the NTC and Cordoba.
The CA ruling comes shortly after the Supreme Court affirmed the junking of NOW Telecom’s petition to halt the NTC from enforcing its memorandum circular during the 2018 selection process for the country’s third telecommunications player.
NOW Telecom was defeated by Mislatel Consortium (now Dito Telecommunity Corporation), a partnership between Udenna Corporation and China Telecom, in the selection for a new major player in the telecommunications industry to break the stronghold of Globe Telecoms and Smart.
In its ruling, the CA found Now Telecom’s motion for reconsideration to be a “mere rehash” of its previous arguments in its petition, which has already been addressed and ruled upon by the court.
“Clearly, NOW Telecom failed to raise new issues, interpose new compelling arguments or present new credible evidence in its Motion for Reconsideration which would warrant a reconsideration or reversal of our decision. Accordingly, the motion for reconsideration of the decision dated September 21, 2023 is denied,” said the ruling penned by Associate Justice Tita Marilyn Payoyo-Villordon and concurred with by Associate Justices Myra Garcia-Fernandez and Walter Ong.
The petition for mandamus before the CA centered on NOW Telecom’s plea to compel the NTC to adhere to the resolution and order of automatic approval (OAA) issued by ARTA.
The company filed the petition under Rule 65 of the Revised Rules of Court, seeking to enforce ARTA’s resolution and OAA both dated March 1, 2021.
The said ARTA documents declared NOW Telecom’s application for a provisional authority to operate in the frequency range of 1970 to 1980 megahertz (MHz), paired with 2160 to 2170 MHz and 3.6 to 3.8 gigahertz, as automatically approved by the operation of Republic Act RA 11032, also known as the Ease of Doing Business and Efficient Government Service Delivery Act of 2018.
But, the appellate court said the telecom company failed to show that it has a “clear and legal right” over the frequencies which NTC failed to assign.
It pointed out that ARTA’s resolution and OAA issued on March 1, 2021 directing the NTC to issue a provisional authority in favor of NOW Telecom to operate within certain frequency ranges is still in dispute as ARTA, itself, set aside the subject issuances in a resolution dated June 17, 2022.
In the said resolution, ARTA endorsed anew to the NTC the application of NOW Telecom for the assignment of frequencies for prompt disposition.
NOW Telecom sought reconsideration of the June 17, 2022 resolution, which ARTA denied in its resolution dated August 22, 2022.
In the same decision, the appellate court also held that the company did not prove that NTC failed to do any of its ministerial duty as it pointed out that RA 7925, or the Public Telecommunications Policy Act of the Philippines, entrusted NTC with the duty to take the necessary measures to implement the law’s policies and objectives.
“As the principal administrator of the said law, the NTC found in its Consolidated Order dated 28 December 2005 that NOW Telecom is non-compliant with the requirements under the law and disqualified it from getting an allocation of 3G frequency,” the CA explained.
“Hence, to order NTC through the instant Petition to immediately assign the frequencies to NOW Telecom, would mean that the Court would arrogate upon itself the expertise and discretion to determine whether NOW Telecom is qualified, much less, the best qualified among all other applicants,” it added.
CHED chief faces raps over college students’ assistance mess
BY Peter Tabingo
A COMPLAINT for alleged criminal and administrative offenses has been filed before the Office of the Ombudsman against Commission on Higher Education (CHED) chairman Prospero De Vera III last March 12.
Complainant Agapito Lubaton, head administrator and chief executive officer of Marvelous College of Technology in Koronadal City, South Cotabato, accused De Vera of negligence of duties and responsibilities as a public official and violation of RA 11032 or the Ease of Doing Business Law for alleged inaction to release the budget for the allowances of college scholars under RA 10931 or the Universal Access to Quality Tertiary Education Act.
He also asked the Ombudsman to investigate the CHED chief for “grave abuse of power and authority amounting to unfair and oppressive actions” causing injury to college students and educational institutions, and non-payment of living allowances for student scholars enrolled in school year 2021 to 2022.
“Chairman De Vera had only paid and given the tuition fee in the amount of P10,000 for SY 2021-2022 but the P20,000 living allowances of students per semester for about two years now have not been paid up to the present,” Lubaton said.
He said his efforts to reach De Vera and obtain an explanation were mostly ignored as he was told that there was no budget allocation for the Unified Student Financial Assistance System for Tertiary Education (UniFAST).
The complainant also questioned CHED’s failure to maintain the UniFAST portal for the past two years, thereby depriving the students of the chance to validate their status as scholars of the government program.
“The aforesaid actuation of Chairman De Vera has caused an increase in the number of student dropouts due to financial hardship providing for their school fees and other needs,” Lubaton lamented.
On the part of higher educational institutions (HEIs), he said schools were also hard-pressed to sustain operations because of a lack of funds to pay the salaries of teaching and non-teaching personnel.
Lubaton said students who have been enrolled but have not paid their tuition and other school fees are left in doubt about continuing their studies due to the uncertainty that the scholarship granted under UniFAST is still forthcoming.
ACCUSATION DENIED
De Vera dismissed the accusation by suspended CHED Commissioner Aldrin Darilag that he meddled in a bidding to favor a certain supplier to the agency, adding he is not in a position to manipulate procurement activities.
Darilag’s allegations were contained in the graft and corruption and grave abuse of authority cases he lodged against De Vera before the Office of the Ombudsman last Tuesday where he accused the latter of giving undue favor to a supplier.
He claimed De Vera even asked him to support the supplier even if the company was not qualified to take part in the bidding.
Sought for comment on Darilag’s claim, De Vera said he does not yet know the specifics of the complaint to respond in detail but added Darilag is barking up the wrong tree.
“I would like to categorically state that I am not part of any Bids and Awards Committee in CHED or any state university and college and I am not in a position to manipulate procurement activities. Any complaints of violation of bidding procedures must therefore be addressed to, and resolved by the CHED commission en banc or the board of regents of individual state universities or colleges,” he said.
De Vera also denied Darilag’s other claims that he was hostile to him during his stay in CHED and that he prevented his staff from doing any work and subjecting them to needless inspection of their clothes or belongings.
The CHED chair hinted that Darilag may have harbored ill feelings towards him after the commission enforced the 90-day preventive suspension issued by the Office of the President.
“In connection with his preventive suspension, I would like to state that the 90-day preventive suspension order was issued by the Executive Secretary. CHED served the said suspension order to Darilag, as per the directive from the Office of the President. The OP also instructed CHED to form a fact-finding committee and the fact-finding committee is currently looking into the allegations raised against Darilag,” De Vera said, adding the committee will report their findings to CHED soon, and will then forward the report to Malacanang.
“The staff in his office are not prohibited to go to work in CHED. I have not issued any memorandum regarding his staff,” he added to the other claim of Darilag.
The Office of the President placed Darilag under preventive suspension for 90 days last January 16 for alleged grave misconduct, abuse of authority and oppression, and neglect in the performance of his duties.
Darilag was earlier charged with using funds from the state universities and colleges under him for his family’s travel expenditures.
Darilag was appointed to the CHED in 2019 by former President Rodrigo Duterte.
Earlier, the Ombudsman ordered the dismissal of Mark Libre, one of the CHED commissioners appointed by Duterte, for nepotism and grave misconduct.
The Ombudsman also perpetually disqualified Libre from holding public office while his retirement benefits, except for leave credits, were also canceled.
Darilag and Libre have denied the allegations. — With Ashzel Hachero
PCG ordered to intensify patrol
to prevent entry of illegal drugs into PH
BY VICTOR REYES
PHILIPPINE Coast Guard (PCG) Commandant Admiral Ronnie Gavan yesterday ordered intensified patrol to prevent the entry of illegal drugs into the country.
Gavan issued the order after civilians recovered P122.7 million worth of cocaine in the provinces of Eastern Samar, Surigao del Sur and Surigao del Norte this month.
Last March 1, two fishermen found a kilo of cocaine, worth P5.3 million, off Barangay Bungtod in Tandag City, Surigao del Sur.
Three days later, two minors and two men also found P1.08 kilos of cocaine, worth P5.7 million, along the shorelines of the same barangay.
Last March 8, a fisherman found 25 kilos of cocaine, worth P106 million, off Barangay Tangbo in Arteche, Eastern Samar.
Also on March 8, a group of students found 1.08 kilos of cocaine, worth P5.7 million, at the shorelines of Burgos, Surigao del Norte.
The PCG said “bricks of cocaine” were also found along the shorelines of Barangay Valencia in Lingig, Surigao del Sur but did not provide additional details.
In a statement, the PCG said Gavan ordered Coast Guard Districts “to intensify seaborne patrol operations to deter the entry of illegal drugs.”
It said the PCG commandant ordered the Coast Guard Districts “to heighten monitoring of vessels used in transporting illegal drugs, intensify intelligence operations, expand coastal security patrols.”
Gavan wants the Coast Guard Districts to coordinate their efforts with the Philippine Drug Enforcement Agency, PNP, and local government units in the conduct of anti-illegal drug operations, especially in the eastern seaboard.
The PNP said the cocaine that was recovered in Arteche, Eastern Samar was possibly shipped by foreign drug syndicates using the Philippines as a transshipment point.
PNP spokesman Col. Jean Fajardo earlier said they doubt the cocaine that was seized was for local distribution.
Fajardo noted that the market for cocaine in the Philippines is small. She said shabu is still the No. 1 abused drug in the country.
Female NPA leader, 3 others surrender in Surigao
BY VICTOR REYES
A FEMALE New People’s Army (NPA) leader operating in northeastern Mindanao and three of her subordinates have surrendered in Surigao del Norte, the military reported yesterday.
The four rebels turned over two high-powered firearms, magazines, thousands of ammunitions, bulletproof vests, and other materials during their surrender, the Army’s 901st Brigade said.
The rebel leader was identified as Juanita Leyson, alias Kikay, secretary of the Sub-Regional Committee (SRC) Northland of the Northeastern Mindanao Regional Party Committee.
Leyson’s subordinates who surrendered were Rajem Pertos, alias Patrick; Jezalyn Platil, alias Mocha; and Pegi Diaz, alias Jeff, the 4th ID said.
The four surrendered last Monday at the headquarters of the Army’s 30th Infantry Battalion in Gigaquit town in Surigao del Norte.
The military said the surrender of Leyson would significantly affect the NPA’s extortion activities in Surigao del Norte and nearby provinces.
It added the surrender would also weaken the “financial backbone” of the communists, noting that Leyson also serves as a finance officer of the communist movement.
Leyson is the wife of NPA Guerrilla Front 16 leader Rolando Rubilla Leyson, alias Edroy, who died in a clash with government troops in Jabonga, Agusan del Norte in September 2022.
“The surrender of the SRC Secretary and her comrades signifies a crucial step towards achieving lasting peace and prosperity wherein these provinces can now focus on facilitating uninterrupted delivery of services in the countryside where the armed group had terrorized for the longest time,” said 901st Brigade commander Brig. Gen. Arsenio Sadural.
“As of now, let’s make a collective effort in totally ending the insurgency for these provinces,” added Sadural.
Sandigan rejects Bistek’s bid to terminate graft trial
BY PETER TABINGO
THE Sandiganbayan Seventh Division has denied motions from former Quezon City mayor Herbert Bautista and former city administrator Aldrin Cuña asking leave of court to challenge the prosecution’s evidence and outright dismissal of the graft charge filed against them last year.
In its 23-page resolution promulgated March 8, 2024 but released only yesterday, the anti-graft court held that contrary to Bautista’s argument, government prosecutors have presented sufficient evidence against him and his co-accused.
At the same time, it found Cuña’s motion deficient for failing to state a specific ground in support of his contention that the evidence did not prove the elements of the criminal offense as charged.
The ruling was penned by Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta, chairperson of the Seventh Division. Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo concurred.
In the 2023 indictment, the Ombudsman accused the two former city officials of giving preference to private contractor Geodata Solutions Inc. and causing injury to the local government in relation to a P32.208 million contract for the procurement of online occupational permitting and tracking system.
Prosecutors said the project was not backed by a specific appropriation ordinance from the Sangguniang Panlungsod or the city council.
In addition, they said full payment was released to the firm even if there was no complete delivery of the project.
Bautista and Cuña argued that the allegation of manifest partiality for the contractor was baseless since the project underwent a bidding process in which the mayor has zero involvement.
The former mayor added that the absence of a specific appropriation ordinance for the transaction does not amount to “evident bad faith” as the worst that could be imputed is a mistaken belief which is neither fraudulent nor dishonest.
He said the prosecution’s own evidence showed the IT project was “delivered, accepted, and utilized by the Quezon City government,” disproving the element of undue injury.
The court sustained Bautista’s stand that there was an appropriation ordinance already existing for the project under Sangguniang Panlungsod -2772 s. 2018 with a funding coverage of P38.357 million earmarked for ICT equipment and computer software.
“There was no need for a separate approval by the Sangguniang Panlungsod for the procurement of the Project to commence because its basis already lies in an existing appropriation ordinance. There was no need to ratify an existing funded procurement activity,” the Sandiganbayan declared.
On the issue of the alleged incomplete delivery by Geodata despite having been fully paid, the court said it cannot make a determination whether the delivery was completed or not.
The Sandiganbayan instructed the defendants to start presenting their evidence in the next trial date set on March 20,2024 at 8:30 in the morning.
“At this stage, the claims and defenses of the accused vis-a-vis the evidence presented by the prosecution, are not yet weighed in. They are best left until the presentation of defense evidence where both accused shall have the opportunity to refute the evidence presented against them, at least on the charge of “incomplete delivery,” the court said.
Court staff dismissed for soliciting bribes
BY ASHZEL HACHERO
THE Supreme Court (SC) has dismissed a court stenographer in Bukidnon who solicited money from the mother of an accused in exchange for the dismissal of the criminal case filed against the child.
The Court en banc’s decision adopted the recommendation by the Judicial Integrity Board (JIB) which found Nemia Alma Almanoche, Court Stenographer III of the Regional Trial Court (RTC) Branch 10 in Malaybalay City, Bukidnon guilty of serious dishonesty, and ordered her dismissal from service.
The JIB’s investigation started in 2018 when Presiding Judge Ma. Theresa Camannong of the Malaybalay City, Bukidnon RTC Branch 9 reported to Branch 10 Presiding Judge Eldred Cole of the alleged corrupt activities of Almanoche.
Camannong learned from a court legal researcher that Almanoche had solicited P 20,000 from a certain Jean Baguio allegedly in exchange for the dismissal of the criminal case against Baguio’s two sons pending before Branch 9.
Almanoche allegedly told Baguio that the amount was for the “judge, the fiscal and the PAO.”
Armed with this information, Camannong then called Baguio, together with the prosecutor and the Public Attorney’s Office lawyer handling the case, to the Judge’s chambers, where Baguio narrated that she was introduced to Almanoche by the aunt of another co-accused in the same case.
Baguio claimed that Almanoche asked for P 20,000 to “take care of the Prosecutor, the Judge and the PAO.”
Baguio said she gave Almanoche P 1,000 and promised to pay the balance later.
On April 30, 2018, Baguio went to the Hall of Justice with the private complainant in the criminal case, who executed an affidavit of desistance before the prosecutor.
Malaybalay City RTC Executive Judge Isobel Barroso reported to the JIB that Almanoche was guilty of serious misconduct.
However, the recommended penalty was reduced to suspension for one month without pay, taking into consideration Almanoche’s service in the judiciary for more than 20 years; that this was her first offense; and that she did not receive the money she asked from Baguio.
The JIB agreed with Barroso’s findings and found Almanoche guilty of serious dishonesty. It disagreed, however, on the recommended penalty, holding that a grave offense such as serious dishonesty cannot be mitigated by the employee’s length of service or the fact that she is a first-time offender.
Thus, the JIB recommended that Almanoche be meted the penalty of dismissal.
In adopting the JIB’s recommendation, the Court en banc stressed that to gain the public’s trust and confidence in the Judiciary, all its employees must ensure that their conduct exemplifies competence, honesty, and integrity.
“Almanoche, however, committed serious dishonesty by demanding money from Baguio to be given and shared by the trial Judge, the Prosecutor, and the PAO lawyer whose collective acts will allegedly ensure the speedy acquittal of her sons. She is thus unfit and unworthy to stay in the Judiciary, “the en banc resolution penned by Associate Justice Jhosep Lopez said, adding that Almanoche failed to comply with the standards that should have governed her life as a public servant.
“By soliciting money from Baguio, Almanoche affected the honor and integrity of the Judiciary and the people’s trust and confidence in it. Worse, she created the impression that decisions can be bought. Thus, consistent with jurisprudence, the Court ruled that no less than the penalty of dismissal is proper since those serving in the Judiciary must carry the burden and duty of preserving public faith in the courts and justice system by maintaining high ethical standards,” it added.
The SC has yet to release the full copy of the decision.
2 injured seafarers back in Manila
BY Gerard Naval
TWO Filipino crew members of the M/V True Confidence that was attacked last week by Yemen’s Houthi rebels arrived yesterday and are now receiving medical care at a private hospital in Metro Manila.
The Department of Migrant Workers (DMW) said the two seriously injured seafarers arrived via a specially chartered medical evacuation flight from Djibouti City.
“We are thankful they are now with their families and loved ones receiving the best possible care available,” said DMW Undersecretary Bernard Olalia who visited the two at a hospital.
“Both crewmen are in stable condition but will undergo full medical evaluation and assessment tomorrow (Friday),” Olalia said.
The two also received P50,000 each as initial financial assistance from the DMW.
Earlier, 11 of their colleagues in the bulk carrier were repatriated via a regular commercial flight.
On the two Filipino crew members killed during the missile attack, Olalia said the DMW is continuously coordinating with the ship owner and the manning agency on the retrieval of their remains.
Based on the latest information, the DMW said the M/V True Confidence, which is still carrying the remains, has been retrieved and is now en route to a safe port.
The M/V True Confidence was traversing the Gulf of Aden on March 6 when it was struck by a missile launched by Houthi rebels.
